Как самостоятельно написать и направить досудебную претензию. Основные правила!

Qualified Legal Assistance at Affordable Prices: https://familylegal.ru/ https://krupps.ru/ Telegram https://t.me/familylegal WhatsApp https://wa.me/79095892329 - - - - #shorts #law #lawyer Why is it necessary to file a pre-trial claim? The fact is that for most disputes, pre-trial settlement in arbitration court is mandatory. If you don't file a claim in writing and don't attach evidence of its submission to the defendant to your lawsuit, the court will return your claim without consideration. So remember: if you want to go to court, start with a claim. By law, the deadline for a response to a claim is 30 calendar days from the date it was sent, unless otherwise provided by the contract. Therefore, it's important to review the contract. If the contract doesn't mention anything about a claim or pre-trial procedure, then wait 30 days before filing a lawsuit. But in 80% of cases, the contract specifies a dispute resolution procedure. And other, shorter, deadlines for responding to the claim are established. Because 30 days to respond to a claim is too long. For example, we set 14 calendar days in the contract. Therefore, follow the contract's deadline. The amount of time specified there is the same as the time you should wait before filing a claim in court. What should a claim look like? There are no mandatory requirements, but practice has developed a specific format for this document. It begins with a heading: you write the addressee of the claim (name, address), and the sender (name, address). Next comes the title of the document – ​​"Claim" or "Pre-trial Demand" under such-and-such contract (number, date). Then comes the descriptive section. You write that such-and-such a contract was concluded between such-and-such parties for such-and-such a subject matter. Under the contract, such-and-such a sum was paid, and such-and-such a sum was performed and accepted. After these factual statements, you proceed to outline the violations committed by the other party, the addressee of the claim. For example, the client accepted the work, signed the reports, but did not pay or only partially paid. Or the contractor received an advance payment but did not complete the work on time. And you cite the relevant clauses of the contract that were violated. Next comes, so to speak, the regulatory section. Here you list the articles of the Civil Code applicable in this case. Typically, if we're talking about a contract dispute, this is Article 702, which defines a contract for work, Articles 309 and 310, which state that obligations must be properly performed and unilateral refusal to fulfill them is not permitted, and Article 330, if we're assessing a penalty. But, naturally, other relevant articles of the code are also cited. And everything ends with the demand itself: "Based on the above, we demand..." Here you write what you are demanding. For example, to pay a penalty in a certain amount. Or to pay off a debt. Or to return an advance payment made under the contract in a certain amount. Naturally, there may be several demands. Please note: the claim almost always contains demands for the payment of certain amounts. Accordingly, it is necessary to calculate these amounts. The document should make it clear why you are requesting this particular amount and not another. Therefore, the claim must include a calculation: of the principal debt and penalties. You can find calculators online for calculating penalties or interest for the use of funds. The claim must be signed by you, specifically as an authorized representative, and stamped. The claim may be submitted, for example, by the company's general director or by a representative with a power of attorney. In this case, a copy of the power of attorney should be attached to the claim so that the counterparty can verify that the demand is being made by the proper person. If you're a sole proprietor, you can, of course, sign the claim in person. Next, you need to send the claim correctly. Send it by registered mail with a list of attachments to the counterparty's addresses specified in the contracts. Keep proof of sending; you'll need to attach it to the claim. If you have the counterparty's email address, you can also send a scanned copy of the claim by email to speed things up. Sometimes contracts explicitly state that claims can be submitted by email. However, we still recommend sending it by mail, as you'll likely need to prove that you sent it by email; a simple printout won't suffice. You'll need to have the email inspected by a notary, which means additional costs and time. It's best not to take any chances. After sending the claim, you wait the time allotted for the recipient to review it, after which you have the right to file your claim in court. Okay, a detailed claim is the basis for your lawsuit.